There are many fundamental differences between the common law in the United States and continental Europe's civil law. But, "the human tendency to treat foreign as different and then make the unwarranted logical jump and also call it 'bad' is not justified," warned Sir Basil Markesinis, a comparative law expert from Great Britain, who delivered the Frank Irvine Endowed Lecture at Cornell on Aug. 25.

Markesinis said U.S. lawyers are currently divided on the "potential utility of foreign law" -- a sign that could be interpreted as self-sufficiency -- or, more dangerously, arrogance.

Such arrogance "denies … lawyers the chance to learn from the successes and mistakes of others," he said. "Politically, it also helps isolate the USA from others, who, until recently, saw [the U.S.] as a model of inspiration." Markesinis, professor and chair of common and civil law at University College London and the Jamail Regents Chair at University of Texas School of Law at Austin, trained as a lawyer in Athens, Paris and Cambridge. His lecture, "Understanding American Law by Looking at It Through Foreign Eyes: Towards a Wider Theory About the Study of Foreign Law," began with an explanation on why comparative law is useful.

"One of the great advantages of comparative law is it makes you think laterally," said Markesinis, who noted that today's global community benefits from comparative studies of legal systems.

In his work, Markesinis has found that many legal systems follow a so-called "balloon theory." Each legal system has its own interpretation of the law, he said, and when a new social issue arises, the systems tend to solve the problems in their own way, even though they often reach similar conclusions.

"Like a balloon, the pressure comes out where there is least resistance," said Markesinis, adding that knowing the unique characteristics of a legal system is key in understanding judgments made by a foreign court.

In one of three detailed examples, Markesinis talked about the type of offense a lawyer commits when he or she is negligent in setting up a will for beneficiaries. Although the problem is the same, most states in America treat the scenario as a tort (an injury to another person through negligence or wrongdoing) liability, whereas a German court will think contract liability. "The [German] laws have certainty, but they also have rigidity," added Markesinis.

Markesinis also contended that globalization implies that different countries' legal systems are subject to similar pressures because we live in similar kinds of society. As a result, he suggested that people in law, especially those working in the United States, should be more willing to use foreign materials from relevant cases.

"We are starting to see changes even in areas such as private law, where traditionally Americans would use, and then often improve upon, European laws," said Markesinis, who said he is weary of "American exceptionism," the idea that the United States believes itself to be distinct from the world and therefore plays by its own rules. Such isolation, he warned, can occur when a court becomes wary of foreign ideas because of the public's elevated sensitivity in international and ethnic issues.

"We live in a shrinking world," he said, "where goods, people, drugs -- even terrorism -- travel well. Why should ideas be stopped at national borders?"

Markesinis is the author of 30 books and more than 120 journal articles, and is the recipient of such honors as the Knight Grand Cross of Italy, the Knight Commander of the Order of Merit of Germany and the Knight Bachelor of Britain.

The Frank Irvine Endowed Lecture series was established in 1913 by the Conkling Inn of the legal fraternity Phi Delta Phi. In honor of Judge Frank Irvine, former dean of the Cornell Law School, past lectures have featured such speakers as Nobel laureate Amartya Sen and civil liberties advocate Vincent Blasi.

Graduate student Alex Kwan is a writer intern at the Cornell Chronicle.